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What is NYC ZR § 33-44?

Quick Answer

This section outlines the conditions under which the maximum height of walls and required setbacks may be waived if an open area is provided along the front lot line. It specifies the minimum depth for this open area and the regulations regarding the alternate sky exposure plane. Applies to property owners in designated districts providing public plazas.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 33-44 Alternate Front Setbacks

ZR § 33-44

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In the districts indicated, if an open area is provided along the full length of the front lot line with the minimum depth set forth in this Section, the provisions of Section 33-43 (Maximum Height of Walls and Required Setbacks) shall not apply. The minimum depth of such open area shall be measured perpendicular to the front lot line. However, in such instances, except as otherwise provided in Sections 33-42 (Permitted Obstructions), or 33-45 (Tower Regulations), inclusive, no building or other structure shall penetrate the alternate sky exposure plane set forth in this Section, and the sky exposure plane shall be measured from a point above the street line.

If the open area provided under the terms of this Section is a public plaza, such open area may be counted for the bonus provided for a public plaza in the districts indicated in Section 33-13 (Floor Area Bonus for a Public Plaza).

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